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(영문) 수원지방법원 2018.09.20 2018고단4254
공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 9, 2018, the Defendant: (a) around 23:55 on July 23:5, 2018, at the front of the building B, the Defendant is enjoying any person at the entrance of a commercial building.

“The” committed an assault, upon receiving a report from 112, that he was urged to return home from a slope D belonging to the Suwon Police Station C District District of the Republic of Korea, and that he was aware of the flaps of the said D by hand.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of investigation reports (scele CCTV images at the damaged site), investigation reports (CCTV listening reports), and statutes;

1. Article 136 (1) of the Criminal Act and Article 136 of the same Act concerning the crime, the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act, committed an assault by a police officer who conducts a duty to safely return the defendant, thereby impairing the public authority with respect to the enforcement of the law.

It seems that incidental damage, such as damage to the police, etc., has occurred in the course of the defendant's breathing.

Although the Defendant was subject to a protective disposition due to domestic violence, he again committed the instant crime. However, the Defendant has no record of criminal punishment other than once the domestic violence record.

The Defendant committed the instant crime by contingently, and reflects on the crime.

The type of the defendant's exercise can not be considered as serious, and the police was prevented immediately.

In addition, the defendant's age, sex, motive and background of the crime, means and result of the crime, circumstances after the crime, records of the crime, and all of the sentencing conditions shown in the arguments of this case, such as the records, shall be determined by the same sentence as the order.

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